1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts (the fact that there is no dispute) The Defendant, as the agent of the Defendant and C and the Plaintiff, entrusted the law firm high-ranking office as the agent of the Defendant, and on November 6, 2013, the Defendant drafted the instant Notarial Deed in the purport that “C, on November 5, 2013, determined KRW 40 million from the Defendant as of December 5, 2013, with the maturity of repayment as of December 5, 2013, and the delay damages as of December 24, 2013, and the Plaintiff shall be jointly and severally and severally guaranteed by the Plaintiff.”

2. Determination

A. The plaintiff's assertion did not confer the right of representation on the defendant to request the preparation of the notarial deed of this case.

Since the notarial deed of this case was prepared on the commission of an unauthorized representative, it is not effective as executive title.

B. Comprehensively taking account of the following circumstances, the Plaintiff may be deemed to have granted the Defendant the right of representation to commission the preparation of the instant authentic deed through C.

1) On November 5, 2013, the Plaintiff prepared a power of attorney in the name of C and the Plaintiff’s name that “C and the Plaintiff delegate the authority to commission the Defendant to prepare the instant notarial deed,” and issued to the Defendant along with the Plaintiff’s certificate of personal seal impression.

The defendant entrusted the preparation of the notarial deed of this case by using it.

3) The above power of attorney bears the Plaintiff’s seal affixed with the Plaintiff’s seal. 4) The Plaintiff’s above certificate of personal seal impression was directly issued on October 16, 2013.

5) The Plaintiff asserts that “A was issued with the above certificate of personal seal impression to obtain a loan from the Jinju Savings Bank, and C stolen it and gave it to the Defendant.” However, around October 2013, the Plaintiff was refused to file an application for a loan with the Jinju Savings Bank, and there was no record of requesting the submission of a certificate of personal seal impression from the Jinju Savings Bank in the process. [In the absence of grounds for recognition, the Plaintiff did not dispute, Gap 3,5, Eul evidence No. 1, and the Ulsan Branch of the Jin Savings Bank.]